Legal Question in Family Law in California
What debt am I responsible for?
I recently married, my husband had aquired a substantial amount of debt due to a small business failing before we were married, am I now responsible for half of the debt he aquired prior to our marriage?
3 Answers from Attorneys
Reply: What debt am I responsible for?
In a general sense, debt incurred prior to the date of marriage is separate property debt and not community debt.
For a specific opinion as to your particular situation, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: What debt am I responsible for?
Likely not, however, you should make it a point to keep all separate even now so your new assetts cannot get hit. Call to discuss is you wish.
Re: What debt am I responsible for?
As a general rule debts incurred prior to marriage are the separate debt of the spouse incurring the debt. The creditor(s) would be able to sue only the debtor spouse. However, since they would probably obtain a judgment a writ to attach his wages or any asset with his name on it, any joint bank accounts, houses etc could be attached to collect the debt.
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